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DocuSign Envelope ID: 1 F025F8B-ABFD-4B18-8665-3BD9C14F7E17 <br /> executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the <br /> services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. <br /> 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with <br /> respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in <br /> the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the <br /> parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding <br /> arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of <br /> any dispute prior to the bringing of such suit or action. <br /> 11. Non Appropriation: Provider acknowledges that County is a governmental entity, and the <br /> validity of this Agreement is based upon the availability of public funding under the authority of its statutory <br /> mandate. In the event that public funds are unavailable and not appropriated for the performance of County's <br /> obligations under this Agreement, then this Agreement shall automatically expire without penalty to County <br /> immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. <br /> [SIGNATURE PAGE TO FOLLOW] <br /> Revised 2/17 3 <br />